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Orissa High CourtWP(C)/7120/2022disposed off

Pratap Chandra Nayak v. State Election Commnr., Bbsr

2022-03-16Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.7120 of 2022 Pratap Chandra Nayak ....

Petitioners Mr. S.K. Mahanty, Advocate -versusState Election Commnr., BBSR & Ors.

....

Opposite Parties Mr. S. Ghose, ASC Mr. B. Routray, Sr. Adv. being assisted by Ms. M. Panda, Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

16.03.2022 Order No.

01.

1.

It appears, the Petitioner has no pleading to establish that there is some instance in the meantime creating apprehension in the mind of a candidate that there shall be no free & fair election involving the Constituency involved herein. However, going through the representation vide Annexure-3, this Court finds some substance in such complaint. This Court, therefore, directs, in the event the Petitioner is in real danger and anticipating no free & fair election, the I.I.C. concerned entering into the preliminary enquiry, if finds, there is substance in the petitioner's apprehension, may see for the free & fair Election involved.

2.

The writ petition stands disposed of with the above direction only.

// 2 // 3.

Free copy of this order be handed over to Mr. Ghose, learned State Counsel for appropriate action.

(Biswanath Rath) Judge Ayaskanta Jena